Ethical Issues of Guardianship Evaluations
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Questions Related to Mental Health Professionals ’ Involvement in Guardianship Evaluations :
• Is there always some kind of mental health professional involved in a guardianship evaluation ? Most of the time , a mental health professional of some type — Clinical Mental Health Counselor , psychologist , psychiatrist , or social worker — is involved in guardianship proceedings . Often a physician is involved to conduct a medical examination .
• Does a mental health counselor need specific training to do a guardianship evaluation ? Mental health counselors should be familiar with forensic evaluations , and the process of conducting a psychosocial interview . They also need to be familiar with various assessment tools that one might use in contact
• Would a CMHC involved in a guardianship evaluation be likely to have to evaluate the suitability of a particular guardian ? Or recommend one proposed guardian over another ? A mental health counselor would topically not be involved in the evaluation of potential guardian . That would require a separate evaluation .
Guardianship Issues Are a Longstanding Interest of Mine
My professional background and my experience inform my views about the issue of guardianship and ethics for counseling professionals . I am a CMHC and also a certified rehabilitation counselor , which enables me to provide counseling services related to employment and community living for persons with disabilities .
In addition to specializing in providing counseling to persons with disabilities and their families , I also specialize in addictions counseling and couples counseling .
While my PhD is in Counseling Education and Supervision from the University of South Florida , I am currently the assistant director for Disabilities Leadership at the Partnership for People With Disabilities ,
ETHICAL OBLIGATIONS IN CONDUCTING EVALUATIONS
Recommending to a court that someone be placed under a guardianship has serious consequences . Scholars in the guardianship arena have suggested that guardianship is a form of civil death . That ’ s because when we place someone under a guardianship , we are restricting or removing some or all of their rights and their ability to make decisions that affect their lives .
When we do this to an adult , their rights as a person cease to exist . Someone else is now in charge of making decisions for that person , and they essentially cease to exist civilly .
I am not arguing that the guardianship system should be abolished . As a scholar who studies guardianship , I recognize that there are times when an individual needs be placed under a guardianship for their own protection . It is likely that at some point , most of us as mental health counseling professionals will have to be involved in guardianship proceedings .
When we are involved in a guardianship , we need to make sure that we are in compliance with the American Mental Health Counselors Association ’ s Code of Ethics www . amhca . org / events / publications / ethics .
Following are some suggestions about how we should behave in accordance with the ethical values that we have as professionals , and as Clinical Mental Health Counselors in particular . at Virginia Commonwealth University , and I have conduced research related to selfdetermination intervention and assessment for individuals with disabilities — research that is obviously relevant to guardianship .
The issues of self-determination , guardianship , and alternatives to guardianship have been a long-time professional interest of mine . In my professional career , I have been appointed by courts to conduct evaluations of incapacitation in order to determine a person ’ s need for a guardian .
In addition to having been a member of a Florida Supreme Court working group on guardianship and alternatives to guardianship , I have written and presented on issues related to guardianship .
An Example :
Let ’ s suppose that you are providing counseling to an 18-year-old who has an intellectual disability . The school system has suggested that the 18-year-old ’ s parents should seek a guardianship arrangement on the basis of their child having an intellectual disability . Because their child is now legally an adult , the parents no longer have the right to make decisions on their child ’ s behalf . In this case , they recognize that their child will need the protection of a guardian , and further , the parents feel that they could fulfill this role .
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10 The Advocate Magazine 2022 , Issue # 2 American Mental Health Counselors Association ( AMHCA ) www . amhca . org